constitutionalism and the enlargement of europe

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Constitutionalism And The Enlargement Of Europe

Author : Wojciech Sadurski
ISBN : 9780199696789
Genre : Law
File Size : 82. 80 MB
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Written at the intersection of law and political science, this book adopts a new and original perspective on the legal implications of the Eastward enlargement of the Council of Europe and the European Union. Case studies offer a novel examination of the development of legal norms and institutions within these supranational bodies.

Eu Enlargement And The Constitutions Of Central And Eastern Europe

Author : Anneli Albi
ISBN : 0521845416
Genre : Law
File Size : 71. 15 MB
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This book explores the adaptation of the constitutions of Central & Eastern Europe (CEE) for membership in the European Union.

Constitutional Evolution In Central And Eastern Europe

Author : Alexander H.E. Morawa
ISBN : 9781317161707
Genre : Law
File Size : 73. 7 MB
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This book examines EU enlargement by studying how domestic constitutional evolution in the new member states contributes to European integration. In contrast to the usual top-down analytical pattern, it reverses the paradigm by looking at constitutional developments and dynamics from the bottom-up, studying how domestic constitutional evolution contributes to European integration. The authors analyze constitutional trends from the perspective of 'new Member States' as policy-makers and not strictly as policy-takers. The issue of conditionality is also explored in a discussion of the extent to which pre-2004 and 2007 conditionality has had lasting effects at the level of constitutionalization of different areas and norms and if so, of what kind. The exploration of Europeanization effects in recent Member States substantiates and demonstrates how enlargement has been an important driving-force for the effective export of EU legal rules in this region. The book utilizes a comparative approach to highlight the merits and obstacles created by the growing diversity in the constitutional rules and patterns of the new Member States. It also contains a section that places the CEE constitutionalizing map in a broader comparative European and global context, establishing links with similar transitional regimes in the continent and elsewhere.

Spreading Democracy And The Rule Of Law

Author : Wojciech Sadurski
ISBN : 9781402038426
Genre : Law
File Size : 52. 46 MB
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The accession of eight post-communist countries of Central and Eastern Europe (and also of Malta and Cyprus) to the European Union in 2004 has been heralded as perhaps the most important development in the history of European integration so far. While the impact of the enlargement on the constitutional structures and practices of the EU has already generated a rich scholarly literature, the influence of the accession on constitutionalism, democracy, human rights and the rule of law among the new member states has been largely ignored. This book fills this gap, and addresses the question of the consequences of the "external force" of European enlargement upon the understanding and practice of democracy and the rule of law and among both the main legal-political actors and the general public in the new member-states. A number of leading legal scholars, sociologists and political scientists, both from Central and Eastern Europe and from outside, address these issues in a systematic and critical way. Taken together, these essays help answer a fundamental question: does the European Union have the potential of promoting and consolidate democracy and human rights?

Developing A Constitution For Europe

Author : Erik Oddvar Eriksen
ISBN : 9781134355150
Genre : Political Science
File Size : 21. 19 MB
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The European Union is currently in the midst of a comprehensive process of reform and the aim of this book is to address the challenge of forging a legitimate Constitution for the EU. These authors clarify the constitutional status of the EU, to take stock of the European Charter of Fundamental Rights and Convention of the Future of Europe as vehicles to foster and create a European constitution.

European Constitutionalism Beyond The State

Author : Marlene Wind
ISBN : 0521796717
Genre : Law
File Size : 73. 75 MB
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Some of the most innovative scholars in the field of European constitutionalism come together in this book to highlight different facets of the new constitutional discussion. Provoking deep analysis of the different ideas of constitution and cons titutionalism, it delineates new ways of thinking about the future of Europe. In particular, it aims to challenge the idea of the European Union as an evolving federal polity. This book will appeal to anyone interested in the timely subject of constitutionalism including student and practitioners of law, politics and philosophy.

The Treaty Of Nice And Beyond

Author : Mads Tønnesson Andenæs
ISBN : 9781841133393
Genre : Law
File Size : 31. 16 MB
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This edited collection explores legal issues raised by the Treaty of Nice, enlargement of the Union and the reform process leading up to the Intergovernmental Conference on the Draft Constitutional Treaty by the 2003-4 Convention on the Future of Europe.

Federalism Doomed

Author : Andreas Heinemann-Grüder
ISBN : 1571812075
Genre : Political Science
File Size : 66. 31 MB
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The conceptual uncertainty when dealing with processes of integration and disintegration in Europe is striking because traditional notions of the nation-state, constitutionalism, sovereignty, and federalism do not account for emerging realities in either Western or Eastern Europe. This volume explores the complex inter-relationship between federal arrangements and their effects on integrating multi-ethnic societies in Europe, and takes stock of current debates on the effects of federalism on integration and disintegration in Eastern and Western Europe. For the first time federalism is addressed in a pan-European context and an attempt is made to look for remedies to overcome nationalism in both East and West within a federalist institutional framework. Andreas Heinemann-Grüderis currently Senior Researcher at the Bonn International Center for Conversion and is Adjunct Professor for Political Science at the Humboldt University.

Governance And Constitutionalism

Author : Bogdan Iancu
ISBN : 1138633674
Genre : Administrative agencies
File Size : 39. 89 MB
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This collection studies the rise of neutral bodies as a challenge to the constitutional paradigm of the nation state. Administrative entities such as commissions, agencies, councils, authorities or ¿independent agencies¿ as they are sometimes known, are relatively autonomous from majoritarian democratic control and by their institutional design fall outside the classical triad of powers or branches of government. They may even fall outside the confines of the nation state itself as with the EU Commission. The book is divided into theoretical-historical and empirical parts. Part I approaches the phenomenon through the rigorous normative conceptual lens of constitutionalism and constitutional law, questioning the implications of political neutrality on inherited normative categories, both at national and supranational level. Part II comprises case-studies reflecting the full spectrum of theoretical frameworks and concerns developed and explored by the theory-oriented chapters in the first part. The work explores a wide range of issues including the balance between autonomy, legitimacy and accountability, the taxonomy of agencies, the role and limits of expertise as a paramount justification for independence, ¿agentification¿ as a result of internationalisation, and ¿agentification¿ as a reflex and consequence of transnational polity-building within the EU.

Social Forces In The Making Of The New Europe

Author : Andreas Bieler
ISBN : 9781403900814
Genre : Political Science
File Size : 23. 87 MB
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The main argument of this book is that the revival of European integration in the mid-1980s and the emergence of a "New Europe" have to be analyzed against the background of globalization and the transnational restructuing of social forces since the early 1970s.

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